The President of the Constitutional Court shall be elected by secret ballot for a term of 3 years, with the majority of votes of judges of the Court (art.136 para. (3) of the Constitution of RM, art. 7 para. (1) of the Law on the Constitutional Court). If in the first round of elections the candidates for President of the Constitutional Court do not meet the majority of votes, the second round is be held and president will be elected the judge who will obtain the largest number of votes. If in the second round of elections the candidates meet the same number of votes, the president will be elected by drawing lots among the candidates. The Constitutional Court elects a judge who will perform the duties of the President during his/her absence (art. 7 para. (3), (4), (5) of the Law on the Constitutional Court).
The President of the Constitutional Court:
- convenes the Constitutional Court and presides over its meetings;
- coordinates the activity of the Constitutional Court and assigns cases for settlement;
- represents the Constitutional Court is the public authorities nationally and internationally;
- ascertains the cases of termination of the mandate of judge under this law, and informs the public authority that appointed him/her as judge for the vacant position;
- conducts overall the Secretariat of the Constitutional Court, hires and dismisses the employees of the Secretariat under the employment contract;
- submits for approval to the Constitutional Court the regulations of the Court Secretariat, the chart, its organizational chart, the regulations of the Scientific and Advisory Council of the Constitutional Court, approves the regulations of the Secretariat departments;
- performs other duties stipulated by the Law on the Constitutional Court and the Constitutional Jurisdiction Code, other legal acts.
The President of the Constitutional Court managers the Court's financial means within the approved budget.
In the distribution of cases for settlement, the President of the Court orders to transmit the complaint for preliminary examination within the established deadline to:
- one or several judges of the Court; or
- a subunit of the Secretary or an assistant judge.
The order of the President of the Constitutional Court is legalized in a special form. After the Constitutional Court decides to receive for examination the complaint and its inclusion in the agenda, the President of the Constitutional Court appoints a judge as rapporteur, fixes the deadline for the examination of the complaint and of submission of the report, which shall not be less than 60 days from the registration date of complaint. If a large amount of inquiries is required, this term may be extended by 30 days.
The President of the Constitutional Court requests the judge-rapporteur to provide information about the preparation of the file for review, determines who will be invited to the meeting, gives directions regarding the referral of materials to judges and participants in the process and in their information about the place, date and time of the meeting.
The judicial proceedings are conducted by the President of the Court. The indications of the presiding judge must be followed by participants in the process and others persons present in the room. He/she is entitled to:
- interrupt after formal notice any participant in the process, exclude any question and explanation which does not relate to the case, to the process or to the competence of the Constitutional Court;
- deny the right to speak of the participant that violates the regulations of debates, does not have a disciplined behaviour, violates other rules of procedure of the constitutional jurisdiction;
- order the removal of any person from the room who violates the order and does not comply with his/her directions
The presiding judge conducts the deliberation of the judges of the Constitutional Court in the council chamber, ensures the free examination of opinions.